12-07-62SpMtg DBCE~gR 7, 1962.
A special meeting was held in the Council Chambers at 8~00 P.M.,
with Ma~or Walter DietZ in the Chair, City.Manager Robert 7, Holland,
City Attorney. John RosS.Adams and Co~natlm~n A1 C. Avery and Oliver w.
Woodard, Jr., being present.
Mayor Dietz anhounced that Mr. Warren was absent on account of
his wife being operated on at Duke Hospital today and that Mr. Talbot
had a previous engagement that could not be broken.
An opening prayer was delivered by City Clerk Worthing.
City Clerk W°rthing reported that in compliance with Spction
155 of the City Charter, the result of the DeCember 4th election
is submitted ~o Council, and in lieu* of any declaration of a contest
by any of the candidates the'Council should declare the result of
the Election as shown by the return submitted.by Clerk and l~spectors
of said Election.
FOR COUNCILMEN FOR TWO YEAR TERM.
A1 C, Avery 1424
gmory J. Barrow 1198
Dugai G. Campbell 909
Hugh W. Vogl 881
STRAW VOTE Do you feel the City council should give further
consideration to charge9 a fee for the use of
our Public Beach?
For
Against 1265
Mr. Woodard moved that the results of the December 4th Election
be approved, the mot£on being seconded by Mr.-Avery and unanimously
carried.
Mayor Dtetz commented on the high number of votes cast for
Councilman Avery
sponsoring are no doubt the things that the Communitywants, and
that he will try to be mo~e cooperative in that respect.
City Clerk Worthing read the following recommendation that had
been presented for Council consideration.
"1_=.Two p~trol cars assigned to the western section of the
city on weekends (Friday, Saturday and Sunday) and Holidays.
2, T~o men to each patrol car on th~-two night shifts.
AA. If regula~ officers are no, available to afford two
men to a car, put special officers on paying status and
Use them to double in patrol cars:
B. Special officers be used to work fairs and carnivals
held in the western section instead of off-duty police
officers."
Chief of Police R. C. Croft was called upon for his comments and
he stated that he did not like to turn down additional men or equip-
ment if he thought it was possible to get them but that he did not
feel the western sector is large enough to warrant two patrol cars
at this t/me. Chief Croft did recommend one additional colored
patrolman and stated that it would take $3,272.00 for salary and
equipment for this additional man for the remainder of this fiscal
year and explained how this additional man could relieve the other
colored patrolmen on their days off and that there would then be two
men to work weekends, further that h e had already appointed three
additional special colored police, and uniforms have been ordered
for them. 12-7-62
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333
~ecember 7, 1962
The City Clerk then read' the following memorandum from the
Director of. public Works to.-City Manager Hol'land0 dated. De,Camber 6th.
"Subject: Sidewalk at'Luthera~ ~hurch School.
Attached is a letter from Mr..Albert L. Miller, Jr., in. re-
gard to subject sidewalk, which I believe is self explanatory.
"You will remember we requested that Mr. Miller obtain tWO
bids for construction of the sidewalk, which was done, the
lower of the two bids averaging 37¢ per square foot which
is a very =easonable price.
"As you know, Mr. Miller has been instructed to proceed with
the construction of this sidewalk, with the engineeri~g 9ro-
vided by city forces~ however the city's portion, 50% of 'the
total, should be approved by Council~"
Mr. Woodard moved that the City participate on a 50-50 basis with
the Lutheran Church for the installation of their sidewalk at a cost
of .37¢ per square foot, total cost $342.25, each-participating in
the amount of $171.12, funds to come from the account set up for this
purpoae~ The motion was seconded by Mr. Avery and carried unanimous-
ly.
City Manager Holland stated that he would like for the Council to
institute a new policy in that no s~dewalks or driveways be permitted
to be constructe~ without first consulting the Engineering Department
and the Building InsPector for their approval and in that way the
drainage problem can be better controlled.
Mr. Avery moved that said recommended Policy be approved, the
motion being seconded by Mr. woodard and carrie~ unanimously.
City Clerk W-rthing stated that it is his understandin~ that
certain agreements have been tentatively reached concerning the
Post Office Block and then read
ORDINANCE NO. ~-473.
AN ORDINANCE OF THE CITY OF DELPJIY BEACH, FLORIDA, CONCERNING
BLOCK 73, IN SAID CITY: AUTHORIZING THE MAYOR AND T~E CiTY
CLERK ON BEHALF OF SAID CITY, TO ENTER INTO A WRITTEN AGREE-
MEN~~ WITH WXLLIAM R. NAGGART AND VIRGINIA L. HA~GART, HIS WIFE~
RESCINDING THE WRITTEN AGREEMENT BETWEEN WILLIAM R. HAC~ART AND
SAID CITY STlq~ED, "AGREEMENT RESTRICTING USE OF- CERTAIN ~ANDS,
ETC.," (WHICH AGREEMENT IS DATED JUNE 12, 1961, AND HAS BEEN
RECORDED IN OFFICIAL RECORD BOOK 643, AT PAGE 609, PALM BEACH
COUNTY, F~ORIDA, PUBLIC RECORDS) , RESCINDIN~ :THE WRITTEN AGREE-
MENT WILLIAM R. HACd'~ART AND VIRGINIA L, HAG~ART, HIS WIPE, AND
SAID CITY S?I~_~,D, "MEMORANDUM OF CONVERSATION WITH MR.'WILLIAM
R. HAG~ART, BY PHONE, ET'CETERA," (WHICH AGREEMENT WAS EXECUTED
BY WILLIAM R. HACk]ART AND VIRGINIA L. HAG~ART, HIS WIFE, AND IS
DATED AUGUST 10, 1961) AND RESCINDING THE WRITTEN AGREEMENT BE-
TWEEN WI~.LIAM R. HACk]ART AND VIRGINIA L. HAGGART, HIS WIFE,
STYLED, "AGREEMENT," (WHICH AGREEMENT WAS EXECUTED BY WILLIAM
R. ~%C~ART AND VIRGINIA L. HAC~IART, HIS WIFE, AND IS DATED '
AUGUST 19, 1961) ALL OF WHICH AGREEMENTS ARE ATTACHED TO THIS
ORDINANCE AND MADE A PART HEREOF BY REFERENCE: VACATING AND
ABANDONING AN. EASEMENT OVER A PORTION OF SUCH BLOCK. 73~ AU-
THORI~.IN~ THE MAYOR AND CITY CLERK ON BEHALF OF SAID CITY,
TO ACCEPT AN EA.SEMENT FOR INGRESS AND EGRESS OVER A PORTION
OF SUCH BLOCK 73; ZONING A PORTION OF SUCH BLOCK 73 FOR
PARKING USES ONLY; IMPOSING CERTAIN USE LIMITATIONS UPON ALL
OF SUCH BLOCK 73; AND PROVIDING A PENALTY FOR VIOLATION OF
THIS ORDINANCE.
City Clerk worthing then read the following letter from Mr.
William R. Haggart, dated December 7, 1962.
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December 7, 1962
"Re: Block 73, Delray Beach, Florida.
It is my u~derstanding that you intend to sass an ordinance
rescinding certain agreements concerning B10ck 73, Delray
Beach, Florida and placing certain restrictions on said
block.
"AlthoUgh most of the following are expressly covered in the':
proposed ordinance, I also wish to go, on record as the owner
of the property, in giving you my assurance that I will
agree to be bound as follows=
"1. That the South 81 feet of the North 244.50 feet of the
East half of Block 73 shall be maintained as a parking lot
for patrons of the Post Office for the period of Post Office
tenancy within the confines of Block 73~ provided, however
that the owners of such pwoperty and persons under him shall
have the right to make use of such property for temporary
parking in common witch patrons of such Post Office. In the
event.buildings other than the Post Office .are erected on
said Block, each shai1~then be required to conform to the
usual off street parking requirements of this City, and the
space now provided shall not be considered in meeting this
requirement.
"2. That the ooncrete louver fence .as now,erected within the
confines of Block 73 'shall be maintained by. the property owners
an~ sh~! ~g~.be removed, varied, or altered-without the 'written
consen~ of the City.
"3. ~,.~,.~ ~.th 128.50 feet of the,Nort~ 143.50 ~eet of
Block 73 shall be maintained as presently laid out and in use
for ~@~ ,~iue ~s&ge .for the period of Post Office tenancy
wit~h~,~onf~nes of Block 7-3.
"4. That the,~ar~a occupied .by the Post Office, including the
~ub~.i~a,r~.~awea~..~hall be properly landscaped by'the owner.
~t~!~J~:~l:~t~40;*~ ~e~Z',~f.~.~',~.,18'4.20 feet'of the west
~t~~o~k?3-,~Or-~'p~i~&~g'~"~g~%'~s',to Northeast ~irst
~r~i a~d. wi~l ~e~t,~ ~' w~e'~ pOrtion of the concrete
~.~v~=..fenue to acc~p~i~h~s:~S~, ~s lat~er oonsent
~ ~en for.a~per~ s~W~ ~,=der to enable Tou to
us~:~is ~rtion of ~e~p~e=~y ~ur~n~?'~at period~'prior to
w~n ~he agreement c~ be finally exec, uted. If for some reason
~he ordinance ~s~not passed on second ~ading, I will, naturally,
withdraw this ,consent at the te~ination o~said six ~eks.
"= ~ust ~his ~rrangement will meet wi~ ~ur satisfaction."
Fo!~owing discussion, ~d~na~e NO. ~473'~s ~animously placed
on fi~rat~reading on motion bye. Avery and seconded by~.'.~odard.
City Manager Holland asked for ~.un~i~ pe~ission to provide as
many ~king spaces as pos~sible.on ~he~grass st=~p North of the Post
Offi~a~ building and Sou~ o~ N. E, ~ S~e~ ~'~ being so moved by
~. Avery, ~e-motion was seconded by Mr..~odard and~carried unani-
mously, ~.
~. Woodard asked that Councilman Elect ~ory ~, .~a=~ow b~ s~t
the Agenda, minutes, and all o~er in~o~ation ~at the present
council is now ~c~ivi~,.
12-7~62.
335
December 7, 1962
It was noted that the~Council had approved use of the building~
behind the City Hall by the County Welfare Department and that the
Recreation Department had also been granted use of said building for
some of their activitY, but the Welfare. people only want it on Monday
and ThurBday afternoons which does not conflict with the use by the
Recreation Department.
Mr. John Sword of Breezy Ridge Estates stated that he h~d
noticed at. different times a number of people congregated around
the police car in the western section of town and did not think
that was good practice, and also stated that there was a lot of
debris and trash thrown from cars along the right-of~way in that
area.
The meeting adjourned at 9=00 P.M., on motion by Mr. Woodard.
R. D. WORTHING
City Clerk
APPROVED:
MAYOR
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